discussing New York Attorney General Targeting Home Care Agencies

Tuesday, August 21, 2007

New York Attorney General Targeting Home Care Agencies

New York Attorney General Andrew Cuomo has issued subpoenas to more than 50 home care agencies as part of his investigation into fraud and abuse in the health care industry.

This news has been splashed on the pages of the major newspapers in New York City and Long Island today, from the New York Post to the New York Times.

The agencies targeted in this investigation will now have to deal with the considerable headache of producing documents to the Attorney General and figuring out as best they can, with the advice of their counsel, if they face any potential legal liability.

But the news also serves as a warning to other healthcare providers. If you bill Medicaid, Medicare and/or are subject to regulation by the New York State Department of Health or other regulatory agency, government authorities, including the New York Attorney General, are increasing scrutinizing your operations to make sure you are complying with the myriad of state and federal statutes and regulations that apply to you.

If you have any questions on whether your entity is in compliance with the pertinent statutes and regulations, please feel free to contact us.

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discussing Certificate of Need Applications (CON)

Sunday, July 29, 2007

Certificate of Need Applications (CON)

As described by the New York State Department of Health, Certificate of Need (CON) is the process that governs the establishment and construction of health care facilities in New York State.

Certificate of Need Applications (CONs) are required for all health care facilities, such as nursing homes and diagnostic and treatment centers (DNTs) that propose construction, acquisition of major medical equipment, changes in ownership and the addition of services.

A successful CON must typically demonstrate at least four elements:

1. Need: the need for the facility in the location proposed by the applicant.
2. Character: the fitness of the applicant to operate the proposed healthcare facility.
3. Competence: the competence of the applicant to operate the healthcare facility.
4. Feasibility. the financial feasibility of the proposed healthcare facility to generate revenues projected by the applicant.

The CON Application process involves compliance with various statutes set forth in the New York Public Health Law, and regulations promulgated by the New York State Department of Health. These statutes and regulations also describe the role of the Public Health Council and the State Hospital Review and Planning Council (SHRPC) with respect to certain applications submitted to the New York State Department of Health.

If you have any questions about the Certificate of Need Application (CON), please feel free to contact the Raymond Iryami Law Firm at 212-599-1081.

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